Notices which set forth appeal rights must be provided in Spanish to
individuals who either request Spanish language notices or meet certain
criteria.

When communication in Spanish must be provided with notices of final
Appeals Council actions, i.e., there is the right to court review, the
Council must send a Spanish language notice with the English notice. These
individuals will also be provided other notices and forms of the Appeals
Council in Spanish to the extent that such notices and forms are
available.

Spanish language notices, forms, etc., are provided throughout SSA. The
field office (FO) usually identifies individuals who meet the criteria for
receiving notices in Spanish. When one of the following criteria is met,
the FO interviewer tells the individual that SSA will send a Spanish
language notice of appeal rights (in addition to the English notice) in
the event the individual's application is denied, and other notices,
forms, etc., will be provided in Spanish, unless the person waives the
right to receive notice in Spanish.

The application shows that the individual was born in Puerto Rico or in
any country where Spanish is the predominant language.

The individual has a Spanish surname.

The individual lives in a known Spanish-speaking area.

The interview is conducted in Spanish or with the assistance of an
interpreter.

The individual has difficulty communicating in English during the
interview and appears to speak Spanish as a native language.

If none of the above five criteria is met but other circumstances indicate
Spanish language communications would be useful, the FO interviewer will
also ask whether the individual would like to receive notices in Spanish.
Additionally, a claimant who specifically requests Spanish language
notices, regardless of criteria, must receive them.

The FO documents a claimant's decision regarding receipt of Spanish
notices on the Master Beneficiary Record (MBR) for Title II claims and the
Supplemental Security Record (SSR) for Title XVI claims. Spanish language
indicators appear in the BENEFIT field on the MBR and the PRSN field on
the SSR.

When a case reaches the Appeals Council level, the individual's preference
regarding receipt of notices in Spanish should be clearly documented. If
not, OAO will provide a Spanish language notice to an individual when:

One of the five criteria above is met, and there is no documentation
showing that the claimant does not wish to receive notices in Spanish;

NOTE:

The criteria in items 4 and 5 above are met if the hearing was conducted
in Spanish or with an interpreter or the individual had difficulty with
English at the hearing and appears to speak Spanish as a native
language.

The claimant has requested Spanish language communications or has
corresponded with SSA in Spanish; or

The claimant was provided Spanish language notices at the hearing level
and has not indicated in writing that he or she does not wish to receive
notices in Spanish.

The appropriate Spanish cover notice must be used (in addition to the
English notice) when the Appeals Council issues a denial of review, a
dismissal, a notice of Appeals Council review, a remand or a decision to
an individual who qualifies to receive Spanish notices. See the Appeals
Text Guide for selection of the appropriate Spanish cover notice.

Both the English and Spanish cover notices will contain the claimant's
name and address and the claim number. The Spanish notice will be attached
as a cover to the English notice, and both notices will be mailed to the
claimant and the representative, if applicable. Include copies of both the
Spanish and English versions in the claim and appeals files.

If an analyst receives a case with pertinent documents in Spanish that
have not been translated into English (e.g., exhibits, letter between the
ALJ and claimant/representative, claimant's birth certificate, etc.), the
analyst must obtain translation of the documents before preparing a
recommendation to the Appeals Council. The analyst should keep a photocopy
of the document(s) and send the original(s) with a route slip to the
appropriate Disability Program Branch.

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